Texas Code of Criminal Procedure 45A.457 – Finding That Offense Committed
(a) In this article:
(1) “Child” has the meaning assigned by Article 45A.453(a).
(2) “Parent” includes a person standing in parental relation, a managing conservator, or a custodian.
(3) “Residence” means any place where the child lives or resides for a period of not less than 30 days.
(b) On a finding by a justice or municipal court that a child committed an offense that the court has jurisdiction of under Article 4.11 or 4.14, the court has jurisdiction to enter an order:
(1) referring the child or the child’s parent for services under Section 264.302, Family Code;
(2) requiring that the child attend a special program that the court determines to be in the best interest of the child and, if the program involves the expenditure of municipal or county funds, that is approved by the governing body of the municipality or county commissioners court, as applicable, including a program for:
(A) rehabilitation;
(B) counseling;
(C) self-esteem and leadership;
(D) work and job skills training;
(E) job interviewing and work preparation;
(F) self-improvement;
(G) parenting;
(H) manners;
(I) violence avoidance;
(J) tutoring;
(K) sensitivity training;
(L) parental responsibility;
(M) community service;
(N) restitution;
(O) advocacy; or
(P) mentoring; or
(3) requiring that the child’s parent perform any act or refrain from performing any act as the court determines will increase the likelihood that the child will comply with the orders of the court and that is reasonable and necessary for the welfare of the child, including:
(A) attend a parenting class or parental responsibility program; and
(B) attend the child’s school classes or functions.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to $500 |
Terms Used In Texas Code of Criminal Procedure 45A.457
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Arrest: Taking physical custody of a person by lawful authority.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The justice or municipal court may order the parent of a child required to attend a program under Subsection (b) to pay an amount not to exceed $100 for the costs of the program.
(d) A justice or municipal court may require a child or parent required to attend a program, class, or function under this article to submit proof of attendance to the court.
(e) A justice or municipal court shall endorse on the summons issued to a parent an order to appear personally at the hearing with the child. The summons must include a warning that the failure of the parent to appear is a Class C misdemeanor and may result in arrest.
(f) An order under this article involving a child is enforceable under Article 45A.461.
(g) A person commits an offense if the person is a parent who fails to attend a hearing under this article after receiving an order under Subsection (e). An offense under this subsection is a Class C misdemeanor.
(h) A child and parent required to appear before the court have an obligation to provide the child’s current address and residence to the court in writing. The obligation does not end when the child reaches age 17. On or before the seventh day after the date the child or parent changes residence, the child or parent shall notify the court of the current address in the manner directed by the court. A violation of this subsection is a Class C misdemeanor and may result in arrest. The obligation to provide notice terminates on discharge and satisfaction of the judgment or a final disposition not requiring a finding of guilt.
(i) If an appellate court accepts an appeal for a trial de novo, the child and parent shall provide the notice under Subsection (h) to the appellate court.
(j) The child and parent are entitled to written notice of their obligation under Subsections (h) and (i), which may be satisfied if a copy of those subsections is delivered to the child and parent by:
(1) the court during their initial appearance before the court;
(2) a peace officer arresting and releasing a child under Article 45A.453(b) at the time of release; or
(3) a peace officer who issues a notice to appear under § 543.003, Transportation Code, or a citation under Article 14.06(b).
(k) It is an affirmative defense to prosecution under Subsection (h) that the child and parent were not informed of their obligation under this article.
(l) Any order under this article is enforceable by the justice or municipal court by contempt.
Text of article effective on January 01, 2025